New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-21
AN OFFICIAL OUTRAGE.
GARLAND NuLLtF1Es A LAW OF CONGRESS.
SUPERVISORS OF ELECTION DEFRAUDED-INDId'
NAST PROTEST OF Mr. DAVIS, OF
fBY TELEGRAPH TO THE TRIBUNE


rBY TELEGRAPH TO TRrnuSE.l
WASHINGTON, March Cot not expected by many
that the United States laws to protect the purity
OF the ballot would be enforced with any great degree or
energy by Democratic Administration after the
Democratic party had been for engaged In OPEN
defiant violations OF those laws and had made repeated
efforts In Congress repeal them to cut off appropria
tons for the payment OF officers to execute them But
the country hardly prepared TO see a Southern
Democratic Attorney attempt virtually to amend
those laws That however, Is precisely what President
Cleyelsnds PanEecric law officer has undertaken TO
do and virtually succeeded In doing.
The law declares that supervisors OF election shall be
paid IS day for each day actually on duty mot ex
ceeding ten days" In Department circular dated
October Is, 1856. Mr.. Garland said:
II not expected that supervisors VIII receive compensa
uon Tor more than five days services WITHIN ths uo M
can be DONE 1t is thought, that ought TO be-
Mr. Garland found warrant for his amendment OF the
statute In letter dated october D. 1856. from the Pres
dent directing the Attorney to take charge OF the
appointment OF special deputy marshas the performance
OF their duties and together with the
compensation OF the supervisors at the Congressional
election in November. 1856. Neither the President nor
the Attorney General has any right whatever to medle
either with the appointment compensation OF super
yisors OF election. They are appointed by the
Judges OF the United states Courts, and the
rate OF compensation and tenure OF service are
fixed by law. They authorized and required to at
tend at all times and places ed for the registration OF
voters attend at all times and places when the names
OF registered voters may be marked for challenge 10
make lists OF persons who register and vote to In
spect and certify to poll lists to attend ut al tine ana
places for holding elections ETC. The law also pro
vides as follows:
There shall paid 10 each supervisor Of cleo
who appointed peif his duty rller the pre-
cedng provisions compensation the OF E Gay for
each day he actually duty. not exceeding ten days
This law framed by Representatives in Congress
who familiar with the registration and election laws
their respective States and the period Of ten days was
fixed because OF the knowledge that in certain States
the services OF supervisors mh he required during that
time. The men who framed and passed the law know
good deal better Mr. CevelauGs PAnElcciric At
orncy General what ought to be done and the amount
! OF time that would be required
At the Congressional election in the It Massachusetts,
District last fall supervisor It election were appointed
| In the cities OF Fall River and New Bedford After the
election the for Their services we're made up
and properly certified by the ned states Judge for pay
None OF tho accounts vas FOR ten days. but all OF
them were for periods in OF five days Payment
was refused by virtue OF the Cortland amendment to the
United states statute, where Representative DAVIS
asked by his constituent gho had rendered the ser
Vices interest himself in ir behalf He brought the
matter to the attention OF the Department Of Justice on
March g. and on March he received from Mr. Garland
n letter which read as follow:
Your reference us the petition Of supervisors
u days With was The maximum Tune ur
which author ~ lils
cul.r was te.tye AMI you ".o hiolea tas "ip
Of this Depart nrni OF pay % M hy II uner x.entiye
order III Of The circular vas October To- ESQ ~ IN
Tor winch compensation wou r- allowed. and the marshal
Tor each directed e. mpar that Information 10 All
parties ia interest Instruct ~ colm no' oe b 6Dnart
chief supervisor b''ause De ls 10. M oeet Oh s a.
nory conferred AZ on the IL ornov General by EGeu
i've orirr Tie crcr aoyr mentioned enbo fed what was
though, then 10 be az thal crro9 could amh"rhe %
cson y change has been made aud In accordance thcreW "a
Ne~ios Pcnn.yivla iisTylsnG Virginia Missouri aad
twill be observed that the Attorney General admits
that he coud not Instruct chief supervisor OF cleo
,ons because he Is lot officer OF this Department.
hut Is any other supervisor u elections an ON er
of the Department OF Justice All OF them are officers OF
the courts Mr. Garland speaks Of all that discretion
coui authorize" hu do ia regard to when ~ hiN NJ
more Discretionary power than Is possessed by thc A'o
neyOenerA of Massachusetts, any other ohcer VINO
ma. authority In the premises The Attorney General
buuen letter aroused the Just Indignation OF Represen
tntlge Davis, Who March s. after consulting ehlhcH
legal authority. replied to It as follows;
am ~ re- OF y ta e.o Of tho Department proaG
tc Oelo1f - iss9 tna Gye Sg ton woni be-
allowed supervisors OF ions. ~ Is unO' ,9 m
more thau one respect conflicting decisions should bt
issued by De artment the ehmcnt ~ matter
which the just caims Of lag nm.e %, Tys
a, er ions, la a similar Aorury General brewster III
an os ys ni sIninci i ana hereby adv ,c
you traw the n1i.ee you nave Ir,o,T ,1 ~, M
limiting ~, number OF days their payment 20 thit 81 my
number les. than the Ia" VIII not Au'hol 'ny "o
a:utriry limitation whetc services nave Oeon "OtHl -
am the Olic, and purpose OF th' IA" !"
cNp,-e an prevent iraud. and DO Du''e 10 w sou,
the correctness ana justice OF
lie demand. tins department ~ cono"ih'. Wv
viii have To dep ud upon thc ti'el Su
WHO furnished list and directs the employ ch' VI ''o
sup.rvi.pr- upon the Judge Who appoint ueu -, ,
4 men the law winch provides Tor thr appoint hoh. VI VIZ
class Of oilcers and dcfues their duties hhcs o w
to Ter which cnmpen saton shall be allowed AZ zen t"y'
cannot perceive the leea power ~ Attorney up
,y.,,, afutr authority ie"l' uhE tno o"
Vim named lrr rin 10 arJtilN IL iue INC
maximum I'VE days and thus MUMMY an 'Np's' ~. 49,
dur. ot elections are 81 the W
most Importance thc' ar. intended To suaiu Na ~ ~
maintenance at nee
nte rtv Of tie ballot and the nece,S y t' nr en-
discharge has unhlppy too often occurred ~ our - w.
tnry Ia ead M. 10 doubt propey OF to vigorous 'n
iorcement Of the Your refusal 10 comPrns.e @ 40
any time Dryoni five days although they may nave ueo a
tveiy pertaining due- during inc t' ntys 10, Nh
undey suc Ircunsanccs tho law allows tein comP9usaV.
Ssunn M 10 cripple GRAFTON OF the statute aus eh W
defeat ia purposes II Is also M , @
~ Ter which dee IL NY dut' AZ ono Oi INC Icp
ressutatiyes OF the people whose iiHnls anu ~ in
IN their respective "ls'i'O's '''' ''H' -
nlegf.